NOW Suing CSU System Seeking Equity in Sports

Having forced Cal State Fullerton to stop treating women’s athletics in a second-class manner, civil rights attorneys are targeting the entire Cal State University system.

The California chapter of the National Organization for Women will mark today’s National Women in Sports Day by suing the California State University Board of Trustees and Chancellor Barry Munitz, alleging that athletic departments in the 19-school system are in violation of state gender equity laws.

“I guess we’ll find out whether or not they’ve learned from past mistakes,” said Jared Huffman, who is representing NOW. “Basically, we’re hoping they realize this is a repeat of the Cal State Fullerton case.

“It’s the same law, the same type of skewed statistics in favor of men’s athletics, the same pattern of discrimination. There’s no reason we shouldn’t expect the same results.”

Huffman, a partner in the San Francisco firm of Boyd, Huffman & Williams, was one of the attorneys who brought legal action against Fullerton last year after the school dropped women’s volleyball. His lawsuit led to an out-of-court settlement in which Fullerton agreed to reinstate volleyball and adopt a 10-year plan to achieve equity for women athletes.

The suit against the state school system, to be filed in San Francisco Superior Court, virtually parallels the Fullerton case.

The complaint, a copy of which was obtained by The Times, alleges that schools are in violation of California Education Codes requiring equal opportunities for women in athletics and equal opportunity in the funding of male and female sports.

Citing a comparison between 1978-79 and 1988-89 Chancellor’s Office reports on women’s athletics, the suit claims that the ratio of women participants in intercollegiate sports actually declined substantially during that period.

According to the figures, athletes participating in women’s sports declined from 36% to 30% of all Cal State system athletes over the 10 years.

With respect to funding, the suit claims only minor changes have occurred since 1978-79 and that huge disparities still exist.

In 1978-79, men’s sports teams received 74% of the budget, while women’s teams received 20% and co-ed programs 6%. In 1988-89, men received 74% of the funding, women received 25% and co-ed teams 1%.

“It’s pretty clear they’re not making any progress toward gender equity,” said Huffman. “In fact, in the last 10 years they’ve actually gone backward.” Huffman is the brother of former Fullerton women’s volleyball coach Jim Huffman, who was fired in the wake of last year’s court case and has filed a $1.2-million wrongful termination suit against the school.

CSU system spokesman Steve McCarthy said that a 1991-92 report on gender equity in athletics should be completed in about a month, “but it’s difficult to say what the statistics are.” McCarthy added that the office could not comment on pending legislation.

However, some schools have made at least some progress toward gender equity since 1989. A Times survey of state university athletic department budgets from 1991-92 showed that Cal State Long Beach’s athletic funding ratio for men to women had improved from 76/24 to 61/39.

Fresno State (86/14) and San Diego State (84/16) had the state’s most inequitable funding ratios in 1989, but although large disparities still remain at both schools, they have shown progress. Fresno State improved to 78/22 and San Diego State improved to 74/25.

Athletic participation ratios have also improved at Fullerton, Long Beach and San Diego State. Fullerton dropped football in 1992 and is adding women’s soccer next fall; Long Beach dropped football in 1991, and San Diego State dropped men’s track and field and wrestling in 1992.

“We’ve made some progress but we have a ways to go,” said Dianne Milutinovich, senior women’s administrator at Fresno State. “The financial situation in the state might make it difficult to reach (State Education Code) requirements, but that shouldn’t be used as an excuse not to try.”

The 1988-89 chancellor’s office report focused on the funding of men’s and women’s athletics, provision of equipment and supplies, scheduling of games and practice time, travel and per diem allowances, opportunities to receive coaching and academic tutoring, housing and dining facilities and athletic scholarships.

In summary, the report claims that “campuses have emphasized the upgrading of coaching positions, the addition of sports and improvement of facilities for women’s athletics. The CSU’s survey of campus athletics programs for men and women seems to indicate that considerable progress has been made in recent years in providing comparable incentives and support for women to participate in campus athletics programs.

“Especially heartening is the closing of the gaps in funding, in grants-in-aid and in coaching staffs in women’s programs. It appears that the CSU is in substantial compliance with both the spirit and letter of Federal and State laws relating to sex equity.”

But NOW officials contend that, despite some improvements, state universities are far from achieving equity.

“We’re seeking to convince the administration at all levels to take affirmative action over the next few years to improve the situation,” said Linda Joplin, NOW state coordinator and one of the plaintiffs in the suit. “If nothing forces them to, we think the status quo will continue, and we think that’s blatantly discriminatory.”

NOW is not seeking monetary damages. It wants an injunction that would require the defendants to “immediately adopt a timetable for making substantial progress toward the elimination of disparities between men’s and women’s athletic programs in order to bring CSU into compliance with the California Education Code and the California Constitution.”

“The bottom line is we have to have progress,” Huffman said. “These laws have been on the books for 20 years. We’ve waited long enough.”